Corrections Policy Committee Minutes - DRAFT - Oregon.gov
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Corrections Policy Committee Minutes - DRAFT
May 11, 2021
The Corrections Policy Committee of the Board on Public Safety Standards and Training held a
regular meeting on May 11, 2021, at the Oregon Public Safety Academy in Salem, Oregon.
Chair, Nadine Purington called the meeting to order at 10:00 am.
Committee Members:
Nadine Purington, Chair, Non-Management Parole & Probation
Matthew English, Oregon State Sheriff’s Association (Webex)
Jaime Hepner, Oregon Association of Community Corrections Directors (Webex)
Kevin Marshall, Public Member (Phone)
Michael Yoder, Department of Corrections Designee
Brian Pixley, Oregon State Sheriff’s Association (Webex)
James Ristoff, Non-Management Corrections Officer (Webex)
Cody Smith, Non-Management Corrections Officer (Webex)
Carol Dishon, Department of Corrections, AFSCME
Committee Members Absent:
Lee Eby, Oregon Sheriff’s Jail Command Council
Taj Shivvers, Non-Management DOC
Rob Perrson, DOC Superintendent
James Russell, Oregon Sheriff’s Jail Command Council
Greg Martin, AOCE Representative, DOC
Gary Ninman, Professional Development Unit, DOC
Guests:
Raul Sandoval
DPSST Staff:
Linsay Hale, Professional Standards/Interim Training Division Director
Marsha Morin, Criminal Justice Certification Program Manager
Wendy Nunez, Criminal Justice Office Specialist
Melissa Lang, Professional Standards Case Manager
Chris Enquist, Parole & Probation Training Program Coordinator
Jennifer Howald, Administrative Rules Coordinator
1. Introductions
Introductions of members, guest and staff were presented.2. Approve February 9, 2021 Meeting Minutes Matt English moved to approve the minutes from the 2/9/2021, Corrections Policy Committee meeting. Carol Dishon seconded the motion. The motion passed unanimously. 3. Approval for Changes to the Basic Parole & Probation Curriculum Presented by Chris Enquist The Training Division requested the approval of the Corrections Policy Committee to make modifications to the Basic Parole & Probation (BPP) curriculum based on an administrative review completed by DPSST staff. DPSST staff conducted a review of the BPP curriculum following the completion of three successful student cohorts since implementation of the last program revision in 2019. As part of this review, staff considered innovations and improvements to training made in the Basic Police and Basic Telecommunications academies. Staff recommended several administrative changes to the course structure that focus on extracting more opportunities for students to apply the knowledge and skills learned. The largest of these changes is the consolidation of several topical lab or scenario sessions into a series of fragment drills and application scenarios. These new sessions will offer students the opportunity to practice a wider variety of parole & probation roles during each session, as opposed to offering specific practice sessions for each role. This consolidated training model allows students to explore which role is “right” in real time, and allows instructors to shift focus when a class or student shows a need for additional practice on a specific concept. Additional changes proposed seek to either mirror updated content included in other academies (ex: Behavioral Health, Use of Force Law & Decision Making), and retitle course content to align with current terminology used in the field of community corrections. Jamie Hepner moved to recommend approval of the updated 2021 Basic Parole & Probation Curriculum. Brian Pixley seconded the motion. The motion passed unanimously. 4. Approval of New Self-Study Parole & Probation Career Development Program Presented by Chris Enquist The Training Division requested the approval of the Corrections Policy Committee (CPC) to implement a new self-study Career Officer Development (COD) program for qualifying Parole & Probation Officers (PPOs), following a pilot of the program approved by the CPC in November 2020. The field of community corrections has increasingly seen officers move between certified and non-certified roles in the past year. The proposed Self-Study Parole & Probation Career Officer Development program (P&P COD) will provide eligible PPOs, with out-of-state or lapsed certification, the opportunity to complete a two-month self-study program in lieu of attendance in the five-week Basic Parole & Probation Academy. A pilot of the program was conducted from February to March of 2021 with a single enrolled student. The pilot program was reviewed by DPSST staff and deemed successful.
Feedback from the enrolled student was positive. Several community corrections agencies
have communicated a desire to enroll students in a P&P COD class, if such a program is
approved.
Staff recommended the pilot program be approved as formal curriculum by the CPC. This
program would utilize the training model in place with COD self-study programs for police
and corrections officers. Eligible officers would be provided with student materials
consistent with those used in the Basic Parole & Probation program, a study plan for these
materials, and eight weeks to review the content at their own pace. At the end of this study
period, students would attend a single day of training and assessment on campus.
Cody Smith moved to recommend approval for implementation of the Self-Study Parole &
Probation Career Officer Development Program. Jamie Hepner seconded the motion. The
motion passed unanimously.
5. Proposed Rule Changes for OAR 259-008-0085: Supporting Rule Change for Adoption
of the Parole and Probation Career Officer Development Course
Presented by Jennifer Howald
OAR 259-008-0085 maintains the minimum standards for Board-approved mandated
courses. This proposed rule change prepares for the Board’s review and approval of the
Self-Study Parole and Probation Career Officer Development Course (P&PCOD). Once
approved by the Board, the rule change will codify adoption of the curriculum and the
successful completion requirements.
By consensus, the CPC approved the fiscal impact statements provided by staff.
Matt English moved to recommend the Board approve filing the proposed rule changes for
OAR 259-008-0085 as a permanent rule. Jamie Hepner seconded the motion. The motion
passed unanimously.
6. Administrative Closures – Corrections / Parole & Probation
Presented by Melissa Lang
Staff presented the following professional standards cases to the Corrections Policy
Committee for administrative closure.
Name DPSST# Certification(s) Reason for Closure
a) Della Beers 41421 Basic, and Della Beers was terminated from
Intermediate her position with Umatilla
Corrections County Community Corrections
Certification after she failed to report for work
following administrative leave
Staff determined there was a
lack of preponderance of the
evidence to show that Beers’
conduct violated the Board’s
moral fitness standards.
Additionally, DPSST received
notice through LEDS indicatingDella Beers had been arrested
for Unlawful Use of a Weapon
and Recklessly Endangering
Another Person in Umatilla
County, Oregon. Based on the
information provided, Criminal
charges for Beers’ arrest were
dismissed and did not result in a
criminal disposition requiring
Board review.
b) Elvis Navarrete 60938 Not Certified Elvis Navarrete disclosed law
enforcement contacts that
occurred prior to his
employment in public safety. A
review of the contacts found
none had resulted in a criminal
disposition requiring Board
review.
c) William O’ Grady 08804 Basic, William O’Grady was arrested
Intermediate, for Driving under the Influence
Advanced, and of Intoxicants (DUII),
Supervisory Recklessly Endangering Another
Corrections Person, and Reckless Driving.
Certification He was ultimately convicted of
Reckless Driving and a warrant
was issued after he failed to
appear in court for a diversion of
the DUII. O’Grady has not
worked as a public safety
professional since 2003. DPSST
was unable to locate O’Grady
and due to the specific
circumstances of this case
recommended to
administratively close his case.
If he comes back into public
safety a new case would be
opened to review his criminal
conduct.
d) Pete Romero 60937 Not Certified Pete Romero disclosed law
enforcement contacts that
occurred prior to his
employment in public safety.
Staff were unable to determine if
there were criminal dispositionsthat required review due to the
inability to locate juvenile court
records which may have been
purged.
e) Zackery Farrell 57262 Basic Zackery Farrell resigned from
Corrections his position with the Department
Certification of Corrections/Santiam
Correctional Institution
(DOC/SCI) in lieu of termination
regarding his continued use of
unauthorized leave. Over the
course of 2 ½ years Farrell
received multiple letters of
expectations and progressive
discipline directing him to report
for duty, culminating in the
notice of potential pre-dismissal.
Staff determined that Farrell’s
absences from work do not rise
to the level of Board moral
fitness violations
Brian Pixley moved to approve the recommendations made by staff to administratively close
the above listed cases. Kevin Marshall seconded the motion. The motion passed
unanimously.
7. Sandoval, Raul (54326) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
On or about 8/28/20, Raul Sandoval notified DPSST he had been arrested on August 23,
2020 for Assault IV-Domestic Violence after he struck the victim in the head and face
multiple times. Sandoval pleaded guilty to Assault IV-DV.
Raul Sandoval provided verbal mitigation for committee consideration.
Policy Committee Discussion/Vote Second Vote Outcome
Cody Smith moved that the Brian Pixley 9 ayes; Motion
Corrections Policy Committee 0 nays; Passed
adopt the staff report. Unanimously
The committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Sandoval is still on probation;
o Sandoval was employed at the time of his arrest;o The severity of the assault required the victim to seek medical attention
for their injuries;
o The assault constituted domestic violence, due to the victim being his
wife;
o Children were in the home at the time of the assault;
o Sandoval was highly intoxicated at the time of the assault;
o Sandoval lied to police officers about being assaulted.
• Mitigating
o Sandoval has seven years of service with the Department of Corrections;
o Sandoval took responsibility for his actions during the verbal mitigation
he provided to the committee;
o Sandoval has complied with court orders;
o Sandoval was highly intoxicated when he lied to police officers.
Jamie Hepner moved, after Matt English 9 ayes Motion
considering the identified violations 0 nays Passed
of the Board’s moral fitness
standard and weighing the
aggravating and mitigating
circumstances unique to this case
that no Board action should be
taken against Sandoval
certification.
Cody Smith moved, after Michael Yoder 3 ayes; Motion
considering the totality of the case, 6 nays; Failed
that Sandoval be ineligible to hold (Purington,
public safety certification for 5 Pixley,
years. Hepner,
Marshall,
English,
Ristoff)
Nadine Purington moved, after Brian Pixley 7 ayes; Motion
considering the totality of the case, 2 nays; Passed
that Sandoval be ineligible to hold (Marshall,
public safety certification for 10 Dishon)
years.
8. Bryant, Kyle (37775) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
DPSST received a notice from LEDS that Kyle Bryant was arrested for Invasion of
Personal Privacy II. On 11/21/19, Bryant pled guilty and was convicted of Attempt to
Commit a Class C/Unclassified Felony-Invasion of Personal Privacy in the First Degree
stemming from his arrest. Police reports indicate he attempted to record video of a minor
while showering but was unsuccessful.Policy Committee Discussion/Vote Second Vote Outcome
Cody Smith moved that the Matt English 9 ayes; Motion
Corrections Policy Committee 0 nays; Passed
adopt the staff report. Unanimously
The committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Bryant was dishonest about making the video;
o Bryant violated the trust of his family;
o Bryant’s conviction was recent;
o Bryant is still on probation;
o Bryant’s conduct involved a minor;
o Bryant violated the terms of his probation by not completing sex offender
treatment as ordered; and
o Bryant’s conduct was a deliberate willful act.
• Mitigating
o Bryant was not employed in public safety at the time of the incident.
Matt English moved, after Brian Pixley 9 ayes; Motion
considering the identified violations 0 nays; Passed
of the Board’s moral fitness Unanimously
standard and weighing the
aggravating and mitigating
circumstances unique to this case,
that Board action should be taken
against Bryant’s certification.
Brian Pixley moved, after Cody Smith 9 ayes; Motion
considering the totality of the case, 0 nays; Passed
that Bryant be ineligible to hold Unanimously
public safety certification for a
lifetime.
9. Carr, Scott (57039) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
On 3/12/19, Scott Carr resigned in lieu of termination from his position with Department of
Corrections/Eastern Oregon Corrections Institution (DOC/EOCI). Carr’s termination
followed an internal investigation into Carr knowingly introducing contraband into the
facility and placing an Adult in Custody (AIC) in harm’s way by sharing his criminal
information with another AIC.
Policy Committee Discussion/Vote Second Vote OutcomeCody Smith moved that the Nadine 9 ayes; Motion
Corrections Policy Committee Purington 0 nays Passed
adopt the staff report. Unanimously
The committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Carr’s conduct was reckless;
o Carr allowed an AIC in a protected staff area;
o Carr refused to take ownership of his conduct;
o Carr admitted to having boundary issues with AIC’s;
o Carr shared information about AIC’s on multiple occasions;
o Carr was employed in public safety at the time of the incident.
• Mitigating
o The committee did not identify any mitigation factors.
Brian Pixley moved, after Matt English 9 ayes; Motion
considering the identified violations 0 nays Passed
of the Board’s moral fitness Unanimously
standard and weighing the
aggravating and mitigating
circumstances unique to this case,
that Board action should be taken
against Carr’s certification.
Brian Pixley moved, after Matt English 9 ayes; Motion
considering the totality of the case, 0 nays Passed
that Carr be ineligible to hold Unanimously
public safety certification for 10
years.
10. Monson, Mario (40624) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
On 4/17/2019, Mario Monson was terminated from his position with the Department of
Corrections/Powder River Correctional Facility (DOC/PRCF) after he falsified tier check
logs.
Policy Committee Discussion/Vote Second Vote Outcome
Cody Smith moved that the Carol Dishon 9 ayes; Motion
Corrections Policy Committee 0 nays Passed
adopt the staff report. UnanimouslyThe committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Monson intentionally falsified tier check logs;
o Monson put the safety of the Adults in Custody (AIC) in jeopardy with his
conduct;
o Monson was employed as a corrections officer since 2001 and received
training related to DOC procedures;
o Monson intentionally did not follow as supervisor’s directive on
conducting counts four days after receiving the directives.
• Mitigating
o The committee did not identify any mitigating factors.
Michael Yoder moved, after James Ristoff 9 ayes; Motion
considering the identified violations 0 nays Passed
of the Board’s moral fitness Unanimously
standard and weighing the
aggravating and mitigating
circumstances unique to this case,
that Board action should be taken
against Monson’s certifications.
Matt English moved, after Brian Pixley 9 ayes; Motion
considering the totality of the case, 0 nays Passed
that Monson be ineligible to hold Unanimously
public safety certification for a
lifetime.
11. Shodin, James (35850) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
On 12/31/2019, James Shodin retired from his position with the Department of
Corrections/Santiam Correctional Institution (DOC/SCI) as part of a settlement agreement.
Shodin was untruthful during an investigation into allegations that he was supplying
contraband to Adults in Custody (AIC) at DOC/SCI.
Policy Committee Discussion/Vote Second Vote Outcome
Brian Pixley moved that the Jamie Hepner 9 ayes; Motion
Corrections Policy Committee 0 nays; Passed
adopt the staff report. Unanimously
The committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Shodin lied to investigators and tried to minimize his conduct;
o Shodin supplied contraband on more than one occasion to AIC’s;o Shodin had 21 years’ experience as a corrections officer and received
multiple trainings to know his conduct was wrong;
o Shodin introduced a highly controlled contraband into the secure facility;
o Shodin put the AIC’s life at risk when he gave them contraband.
• Mitigating
o The committee did not identify any mitigating factors.
Matt English moved, after Brian Pixley 9 ayes; Motion
considering the identified violations 0 nays; Passed
of the Board’s moral fitness Unanimously
standard and weighing the
aggravating and mitigating
circumstances unique to this case,
that Board action should be taken
against Shodin’s certifications.
Michael Yoder moved, after Carol Dishon 9 ayes; Motion
considering the totality of the case, 0 nays; Passed
that Shodin be ineligible to hold Unanimously
public safety certification for a
lifetime.
12. Winnie, Patricia (47307) Certification Review: Corrections
Presented by Melissa Lang
Reason for Discretionary Review
DPSST received a notice from LEDS, that on 5/8/19, Patricia Winnie was issued a criminal
citation for Failure to Perform the Duties of a Driver after hitting a parked vehicle and
leaving the scene. On 10/1/19, Winnie was convicted of Reckless Driving.
Policy Committee Discussion/Vote Second Vote Outcome
Jamie Hepner moved that the Brian Pixley 9 ayes; Motion
Corrections Policy Committee 0 nays; Passed
adopt the staff report. Unanimously
The committee discussed the moral fitness violation and identified the following
aggravating and mitigating factors specific to this case:
• Aggravating
o Winnie was dishonest to police about hitting another vehicle.
o Winnie was using a controlled substance while operating a motor vehicle.
o Winnie failed to complete the obligations of her sentencing.
• Mitigating
o Winnie was not employed in public safety at the time of her arrest.
Michael Yoder moved, after Brian Pixley 9 ayes; Motion
considering the identified violations 0 nays; Passed
of the Board’s moral fitness Unanimously
standard and weighing theaggravating and mitigating
circumstances unique to this case,
that Board action should be taken
against Winnie’s certifications.
Brian Pixley moved, after Jamie Hepner 9 ayes; Motion
considering the totality of the case, 0 nays; Passed
that Winnie be ineligible to hold Unanimously
public safety certification for
lifetime.
13. Department Update
Linsay Hale, Professional Standards/Interim Training Division Director
• DPSST postponed a Basic Police class following a number of positive COVID cases.
The postponement followed the established Health and Safety Protocols and did not
impact the schedule of any other classes on campus.
• DPSST will begin a review of the Basic Corrections curriculum following the
implementation of the final phase of the Basic Police revision.
Marsha Morin, Criminal Justice Certification Program Manager
• Current Cases
o 87 total Corrections/Parole and Probation Cases
o 39 are ready to begin the review process or are in some stage of the review
process.
o 48 are pending criminal/employment matters or waiting on records to be provided
to DPSST.
• The Applicant Review Committee has met twice so far and reviewed two cases where
the decision was to take no action against those officers’ pre-employment criminal
conduct based on the specific circumstances of those cases.
• DPSST is expanding the CJ Audit Program. Originally the Agency Compliance
Review focused on ensuring DPSST and agency information matched and agencies
were in compliance. In addition to the ACR’s, with a continued focus of educating
agencies of the requirements, DPSST is adding focused audits such as reporting
officers on leave; FTM documents are on file at agencies, etc.
• Workgroups
o Arbitration Workgroup: The workgroup will have its first meeting in next week.
The intent is to review the actions to be taken when an arbitrator reinstates an
officer who has sustained moral fitness violations.
o Field Training Officer (FTO) Certification and Training: The workgroup had
their first meeting in May. Consensus from the group is there should be a
certification for FTO’s who are administering the field training portion of the
mandated basic courses.
o Waiver Review (Pending) –the Board approved the creation of a workgroup to
review the rules regarding waivers to attend the basic academy specifically the
number of years before an officer must re-attend the full basic academy.Currently officers must attend a career officer development course after 2 ½
years separation from employment and full basic academy after 5 years.
o Physical Standards —the Board approved the creation of a workgroup to evaluate
the current physical standards requirement to determine if the standards should be
a pre-academy standard rather than a pre-employment standard.
14. Next Corrections Policy Committee Meeting: August 10, 2021 at 10:00 am.
Administrative Notes:
These minutes reflect the order of the discussion/voting items as they appear on the official
meeting agenda. The actual order in which they were discussed may vary.
All documents reviewed and discussed in this meeting are subject to Oregon Public Records Law
(ORS 192.410 to ORS 192.505). These documents can be requested by contacting DPSST at
dpsst.records@state.or.us.You can also read
